Finding Legal Help

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Introduction

You can ask the court to reduce the degree of your criminal conviction if you meet certain requirements. This process is sometimes called a "402 reduction" or a "402 motion," which refers to the section of the law that describes the requirements and process. The full citation to the law is Utah Code Section 76-3-402.

A reduction of the degree of a conviction does not happen automatically. You have to meet the requirements, ask the court for the reduction and give the prosecutor time to respond.

Some people ask for a reduction because they hope to later try to expunge the crime from their record. See our Expunging Adult Criminal Records page for information about the expungement process.

Asking for the reduction

Once you have completed the motion paperwork, file it in the same court that handled the original criminal case using the same case number as the criminal case.

You must serve a copy of your motion on the office of the prosecutor who handled the original criminal case. This type of service follows the requirements of Utah Rule of Civil Procedure 5.

Check with the prosecutor to see if they will agree to the motion. If so, the prosecutor may complete a stipulation that is filed with the court.

The prosecutor will notify any victims in the case (if there are any) that you have filed a Motion for Reduction of Conviction. The prosecutor and/or the victim may file with the court a statement opposing your motion.

If either the prosecutor or the victim does file an opposition, the court will hold a hearing at which all parties will have an opportunity to present information and arguments. If neither the prosecutor nor the victim files a statement, the court may conduct a hearing on its own motion or may grant the motion without a hearing.

If the reduction is granted

If the judge grants your motion, the court will notify the Bureau of Criminal Identification (BCI). However, it is your responsibility to confirm with BCI that the reduction order has been made part of your criminal history. You may need to get a certified copy of the order from the court and provide that to BCI.